Page No.# 1/3 GAHC010044152026 2026:GAU-AS:3558 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./696/2026 SAIQUL ISLAM BARBHUIYA ALIAS SAIFUL ISLAM BORBHUIYA S/O NAZRUL HAQUE BARBHUIYA, R/O VILL. BEHARA PT III, P.S. KALAIN, DIST. CACHAR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. S C BISWAS, MS. S. CHANDA,MR. MEHUL SHAH,MS. K L R YANTHAN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 11.03.2026. Heard Mr. S.C. Biswas, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Addl. P.P., Assam appearing for the State respondent. This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused petitioner, namely, who has arrested on 09.02.2026, in connection with Kalain P.S. Case No. 11/2026, under Section 69 of the BNS, Page No.# 2/3 2023. It is submitted by Mr. Biswas, the learned counsel for the petitioner that it is a fact that the present petitioner and the victim had love relationship and they have physical relationship which was purely consensual one. Mr. Biswas further submitted that from the ingredients of the FIR itself, it is seen that there is no materials to establish a case against the present petitioner under Section 69 of the BNS, 2023. However, the accused petitioner is in the custody since last 30 days and hence, the I.O. got sufficient opportunity to interrogate him during his custody. Furthermore, the accused petitioner being the permanent resident of the addressed locality, he will extend his cooperation, as and when it will be required. Mr. Borthakur, the learned Addl. P.P., Assam submitted in this regard that the informant brought the allegation of rape with false pretext of marriage and hence the case diary will be required. Hearing the submission of learned counsel for both sides and considering the statement made in the FIR and other aspects of the case vis-à-vis the length of detention undergone by the accused petitioner, I find that further custodial interrogation of the petitioner may not be necessary for the purpose of investigation of the case. In view of this, this Court find it to be a fit case to extend the privilege of bail to the accused petitioner. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount, to the satisfaction of the learned CJM, Cachar at Silchar, the accused/petitioner Page No.# 3/3 named above, shall be enlarged on bail, subject to the following conditions: (i) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (ii) that the petitioner shall not leave the jurisdiction of the learned CJM, Cachar at Silchar, without prior permission, and (iii) that the petitioner shall submit copy of his Aadhar Card and PAN Card before the learned CJM, Cachar at Silchar. In terms of above, this bail application stands allowed and disposed of. JUDGE Comparing Assistant